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Home My WebLink AboutRESOLUTION NO. 2015-29 ua gg rr f Agnit MINUTES TO SFT DATE FOR HEAWNC ON ENTERING INTO A LEASE-PURCHASE AGREEMENT Fairfax, Iowa April 14, 2015 The City Council of the City of Fairfax, Iowa, tenet on April 14, 2015, at 7:00 o'clock p.m., at the city hall at 525 Vanderbilt Street, in the City. The Mayor presided and the roll was called showing the following in, of the Council present sand absent.: Present: JoArm Beer, Bernie Frieden, Travis Otto, and Marianne Wainwright Absent: Marc Magers. Council Member Otto introduced the resolution hereinafter next set out related to setting a date for hearing on entering into a lease-purchase agreement for acquisition of a skid loader, and moved its adoption, seconded by Council Member Beer; and after due consideration thereof by the Council, the Mayor put the question upon the adoption of the said resolution and the roll being called, the following named Council Members voted: .Ayes: Beer fneden Otto Z4 d WainEEi ht Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -l- DORSEY&WIRTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfm 41.9915-211SetHmg1.ease-Murch Agnit I' RESOLUTION NO. 20I5-2 i TO FIX A DATE FOR A PUBLIC: HEARING ON A LEASE-PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT NOT EXCEEDING $50,042.65 FOR THE PURPOSE OF ACQUIRING A SKID LOADER WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, proposes to enter into a lease-purchase agreement (the "Lease Agreement") in the principal amount not to exceed $50,042.65, pursuant to the provisions of Section 364.4 of the Code of Iowa, for the purpose of acquiring a skid loader, and it is necessary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Lease agreement and to give notice thereof as required by such law; i NOW, THEREFORE, Be 1t.Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. The City Council shall meet on the 281h day of April, 2015, at the city hall at 525 Vanderbilt Street, in the City, at 7:00 o'clock p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Lease Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Lease Agreement Setting; forth the amount and purpose thereof, the time when and place where the meeting will be held, by publication at least once and not less than 4 nor more than 20 days before the meeting, in a legal newspaper which has a general circulation in. the City. The � notice shall be in substantially the following form.: i i -2- DORSEY&WHT.TNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-211SetHrngLease-Purch Ag t NOTICE OF PROPOSED PUBLIC 1I ARTNG ON LEASE-PURCIIASE AGREEM ,NT IN A PRINCIPAL AMOUNT NOT TO EXCEED $50,042.65 (GENERAL OBLIGATION EQUIPMENT LEASE) The City Council of the City of Fairfax, Iowa, will meet on the 28th day of April, 2015, at the city hall, 525 Vanderbilt Street, in the City, at 7:00 o'clock p.m., for the purpose of holding a public hearing and taking action to enter into a lease-purchase agreement (the "Lease Agreement") in a principal amount not exceeding $50,042.65 for the purpose of acquiring a skid loader. The Lease Agreement will constitute a general obligation of the City and is proposed to be entered into purs'uar t to authority contained. in Section 364.4 of the Code of Iowa. At that time and place, oral or written objections may be filed or made to the proposal to enter into the Lease Agreement. After receiving objections,the City may determine to enter into the Lease Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen(15) days thereafter. By order of the City Council of the City of Fairfax, Iowa. Cynthia Stimson City Clerk/'Treasurer -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-2 1/SefflrngLease-Purch Agnit Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved April 14, 2015. Jason Rale , Mayor Attest: Op' Cygl"hia Stimson, City Clerk/Treasurer -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-21/SetHmgLease-Purch Agmt On motion and vote, the meeting adjourned. Jason Rai Mayor Attest: r JIX 1 1 o . � a Cyn `a Stimson, City Clerk/Treasurer � C) a, -5- DORSEY&WIRTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-21/SetHmgLease-Poreli Agmt STATIC OF IOWA COUNTY OF LI'NN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, do hereby certify that attached hereto is a true and correct copy of the proceedings of the City Council relating to fixing a date for hearing on the City Council's proposal to take action in connection with a Lease Agreement, as referred to therein. WIME,SS MY HAND this 15'x' day of April, 2015. Cyn is Stimson, City Clerk/Treasurer t -6_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA l:airNx 474915-27/SetHi-iagl-..asc-Pureh Agait STATE OF IOWA COUNTY OF LINK SS: CITY OF FAIRFAX I I, the undersigned, City Clerk of the City of Fairfax, do hereby certify that pursuant to the resolution of its City Council fixing a date of meeting at which it is proposed to take action to enter into a lease-purchase agreement, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy, was published. on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the I City. WITNESS MY HAND this day of - 244. City .lerk I i (Attach here the publisher's original affidavit with clipping of the notice, as published) _7_ DORSEY c&W14ITNEY LLP,ATTORNEYS,DES MOINES,.IOWA i STATE OF IOWA Counties of Linn and Johnson ss. NOTICE.bO Lta°pos1 URCHAS I, Tim.McDougall, do state that I am the publisher of 1'f�Ata§fitG 17YY LEASE-PURCHASE :� F91ta'CIPAL AMOUNT NOT TO THE GAZETTE, a daily newspaper of general ap o �cai coW circulation in Linn and Johnson Counties, in Iowa. EQUIPME14T LEASE} rhe CitVaounaif of::ihe Cihy of Palrfax, The notice, a printed copy of which is attached, was €dwa will mo6t 66 fhe 28th daY.of Apr.i1, Sots at Phe efy,at 7 0 o'clock inserted and published in THE GAZETTE newspaper Street,in the CrfYat 7:od o'clock.p m., '.: for the;purpose of hdM.to eir publro in the issue(s) of April 21, 2015 hearing and faking acPion fa enter`into a lease-purchase; agreemenf .(the: Lease::Agreernent k frt a';principal:` amount t}ot exceeding $56;04265 for the puFpose of aeGu(ring a skid Loader. The Lease Agreement will.constiiute a general obi€gatlon of the?CHY and is ?' propdsed to de entered into pursuant to authorifV`cdntatned Irl Section;364,4 of.:: the Cadeuf Iowa, AY that time and place oral br written objections mdY be',fi:led or made td the Proposal to enter into the Leaso Agree- ment, After receiving obieciions, the + c(ty matt determine fd enter.,ntd the The reasonable fee for publishing said notice is $17.12 Lease Agreement, in which:case the dec(ston will be f(naf:unless appealed to She t71sTr€ct CourT'wffhin'Ciffeen f151 days;fhereafter_ gY order of the C(ty::Council of:the Ctty of Fairfax' airfax (owa. Cynth(a Sf€mson City CEe.�klTreasuret This instrument was acknowledged by Tim McDougall before nye on April 21 st, 2015 ULIA Notary Public in and for the State of Iowa DIANE GUSTA .. COMMISSION NUMBER 753222 MY COMMISSION EXPIRES: /OWP JUNE 11,2017